SCHEDULES
C1C2C3C4 SCHEDULE 5Collection of fines F6AND OTHER SUMS IMPOSED ON CONVICTION
Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)
Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)
Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)
Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)
Part 9F5FURTHER STEPS
Sch. 5 Pt. 9: heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 23
Power of fines officer to refer case to magistrates' court
I142
1
The fines officer may refer a case to the magistrates' court at any time during the period which—
a
begins the day after the collection order is made, and
b
ends with the date on which—
i
the sum due (including any increase to which he remains liable) is paid, or
ii
the order is discharged.
2
On a referral under this paragraph, the court may—
a
confirm or vary the payment terms (or the reserve terms),
F1b
exercise any of its standard powers in respect of persons liable to pay fines or other sums, or
c
F2. . . exercise a power it could exercise under any other paragraph.
F32A
Where the court exercises any of its standard powers under sub-paragraph (2)(b) it may also discharge the order.
3
Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.
42AF4Increase in fine by court
1
This paragraph applies where—
a
P is in default on a collection order,
b
the sum due consists of or includes a fine, and
c
the fines officer has referred P's case to the court—
i
under paragraph 37(6)(a), or
ii
after taking any of the steps listed in paragraph 38.
2
Where the court is satisfied that the default is due to P's wilful refusal or culpable neglect, the court may increase the fine which is the subject of the order.
3
But the court may not increase any other sum which is the subject of the order.
4
The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
5
The increase is given effect by treating it as part of the fine imposed on P by his conviction.
Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)